UnwiredWest Fair Access Policy

At UnwiredWest, our goal is to give each of our customers the fastest service possible at the lowest possible price. We are always striving to develop programs and policies that help make that possible. Our Fair Access Policy is designed to impact the fewest customers while helping ensure the best speeds for the vast majority of our customers.

UnwiredWest has documented that a small percent of customers account for a disproportionate share of data usage on our network. To ensure that all UnwiredWest customers have equitable access to the UnwiredWest network, UnwiredWest has implemented a Fair Access Policy (or “FAP”), UnwiredWest sets usage thresholds on the amount of data you can upload and download within the stated period times. This limitation and FAP only applies to customers with Residential line items. Customers who subscribe to a business class account are not subject to this FAP at this time. For the purposes of this FAP, UnwiredWest will record this data as Total Usage (or “Aggregate Usage”). Aggregate Usage is the sum total of your upstream and downstream traffic over the course of a billing period, to be described below as “Aggregate Monthly Threshold”. If you exceed these thresholds, UnwiredWest will temporarily limit the speed at which you can send and receive data over the UnwiredWest access network. You will still be able to use the UnwiredWest Internet access service, but your speed will be slower. UnwiredWest may use other traffic management and prioritization tools to help ensure equitable access to the UnwiredWest network for all customers, including automatic bandwidth controls. These controls will reduce the speed of sustained downloads lasting longer than three hours. This duration is subject to change, but has been selected to avoid service interruptions while watching streaming videos. Your UnwiredWest Internet access is not guaranteed and is subject to this FAP.

Based on an analysis of typical customers, we have set a rolling 30-day limit on data usage per customer, called a Usage Threshold. As shown below, this threshold varies based on the service plan (speeds) you have selected. For each service plan, the Usage Thresholds are significantly above the amount of data that is used by a typical customer. At any time you can see your Usage Total for the 30-day billing period in your customer portal.

If at any time your Actual Usage is above the Usage Threshold, your usage has violated the FAP and we will reduce your UnwiredWest access speeds, typically to 256k in the downstream (from the Internet to you) and 128k in the upstream (from you to the Internet), and you may experience a loss of connectivity during peak usage periods (collectively, “Reduced Access”). Once the billing period has ended, you access speeds will be restored to the original speed levels and your Actual Usage total will be reset to zero for the new billing period.

If, however, you do not decrease your Usage Total, and violate the FAP in each of three consecutive months or in five calendar months within any twelve month period, your use of the service will be limited to Reduced Access and restricted to Web browsing and to sending and receiving email. Again, if you reduce your monthly total usage, your service will return to normal.

You are likely to avoid any limitations imposed by the FAP if your use is typical of the majority of Internet users and consists primarily of Web surfing and a reasonable amount of downloading. Described below, you can see the monthly Usage Thresholds for each plan. These limits specify the amount of data that you can upload and download before your access speed if reduced. Please note that your Usage Total is far more likely to exceed the Usage Threshold below if you use peer-to-peer file sharing programs, download full length movies, large quantities of music files, full software applications, or similar high-bandwidth activities.

UnwiredWest Monthly Usage Thresholds:

Service Plan	Aggregate Monthly Threshold (MB) *
Residential - 1m/384k - Burstable	30,000
Residential - 1.5m/384k - Burstable	40,000
Residential - 2m/384k - Burstable	50,000
Residential - 3m/512k - Burstable	70,000

* Aggregate Threshold is the volume of data that can be uploaded and downloaded during the billing period before the Fair Access Policy may restrict the user’s speeds.

These terms and conditions state important requirements regarding your use of UnwiredWest’s High-speed Internet service and your relationship with UnwiredWest. You should read them carefully as they contain important information regarding your rights and ours.

UnwiredWest may revise this Fair Access Policy from time to time without notice by posting a new version of this document on www.unwiredwest.com, or any successor URL(s). All revised copies of the Policy are effective immediately upon posting. Accordingly, customers and users of UnwiredWest’s High-speed Internet service should regularly visited these websites. Questions regarding this FAP and complaints of violations of it by UnwiredWest customers and users can be directed to UnwiredWest via support@unwiredwest.com.

(Version 1.2. Last updated: December 17, 2009)